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ESTATE OF GIUSTINO v. ESTATE OF DelPIZZO

21 A.D.3d 523 (2005)

799 N.Y.S.2d 909

ESTATE OF FANNIE GIUSTINO, Appellant, v. ESTATE OF ANTHONY DelPIZZO, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 22, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

"The rule is clear that, to establish a cause of action in conversion, the plaintiff must show legal ownership or an immediate superior right of possession to a specific identifiable thing and must show that the defendant exercised an unauthorized dominion over the thing in question . . . to the exclusion of the plaintiff's rights" (Independence Discount Corp. v. Bressner,

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